Scottish Executive

Anti-Social Behaviour

Robert Brown (Glasgow) (LD): To ask the Scottish Executive whether interim anti-social behaviour orders, proposed in section 38 of the Criminal Justice (Scotland) Bill, will initiate the issue of a notice under section 35, subsections (1) to (3) of the Housing (Scotland) Act 2001.

Robert Brown (Glasgow) (LD): To ask the Scottish Executive what the consequences will be for tenants if interim anti-social behaviour orders are linked to security of tenure under section 35, subsections (1) to (3) of the Housing (Scotland) Act 2001.

Ms Margaret Curran: Interim anti-social behaviour orders are intended to provide for more immediate protection than is possible under the full anti-social behaviour order application procedure. While anyone in breach of an interim order will face the sanctions of a full order, under section 22 of the Crime and Disorder Act 1998, interim orders are not intended to replace full anti-social behaviour orders. We do not, therefore, propose to link interim orders to security of tenure under section 35, subsections (1) to (3) of the Housing (Scotland) Act 2001.

Asylum Seekers

Shona Robison (North-East Scotland) (SNP): To ask the Scottish Executive when it will respond to the report by the Scottish Cross-Party group on Refugees and Asylum Seekers on the group’s visit to Dungavel House Immigration Removal Centre.

Ms Margaret Curran: The issues raised in the report relate mostly to reserved matters. Iain Gray wrote to Lord Rooker on 3 May seeking his comments and I will respond once I have received these.

Civic Government (Scotland) Act 1982

Ms Sandra White (Glasgow) (SNP): To ask the Scottish Executive what the remit is of the independent task group reviewing the Civic Government (Scotland) Act 1982.

Peter Peacock: The remit of the task group is to re-examine the principles and mechanisms of licensing as they are set out in the Civic Government (Scotland) Act 1982, and, having done so, review the existing provisions and any proposals for change submitted to the Scottish Executive. In doing so, the task group is required to ensure that the provisions are European Convention on Human Rights compliant and that they properly apply the principles of the Enforcement Concordat, which provides for fair, practical and consistent enforcement policy and practice.

Civic Government (Scotland) Act 1982

Ms Sandra White (Glasgow) (SNP): To ask the Scottish Executive who serves on the independent task group reviewing the Civic Government (Scotland) Act 1982.

Peter Peacock: The members of the independent task group reviewing the licensing provisions of the Civic Government (Scotland) Act 1982 are:

  Ms Leslie Evans, Chair and Head of Local Government Constitution and Governance Division within the Scottish Executive;

  Chief Superintendent Ken Bellingham, Fife Constabulary, representing the Association of Chief Police Officers (Scotland) (ACPOS);

  Mr Stephano Boni, Federation of Small Businesses;

  Miss Ann Callaghan, Head of Branch 3 of the Local Government Constitution and Governance Division within the Scottish Executive;

  Mr Alex Gibson, Local Government Constitution and Governance Division within the Scottish Executive;

  Mr David Hume, Chief Executive, Scottish Borders Council, representing the Society of Local Authority Chief Executives (SOLACE);

  Mr Mitch Kerr, North Lanarkshire Council, representing the Convention of Scottish Local Authorities (COSLA);

  Mr Jim Matthew, Angus Council, representing COSLA;

  Mr Robert Millar, City of Edinburgh Council, representing the Society of Local Authority Lawyers and Administrators in Scotland (SOLAR);

  Mr Alisdair Meldrum, Branch Head, Business Environment and Consumer Affairs Division within the Scottish Executive;

  Mr Alan Oliver, Head of Branch 3 of Criminal Justice Division with the Scottish Executive, and

  Mr John Sharatt, Scottish Borders Council, representing the Society of Chief Officers of Trading Standards in Scotland (SCOTSS).

Civic Government (Scotland) Act 1982

Ms Sandra White (Glasgow) (SNP): To ask the Scottish Executive, further to the answer to question S1W-23745 by Peter Peacock on 17 April 2002, which groups and individuals the independent task group reviewing the Civic Government (Scotland) Act 1982 has consulted.

Peter Peacock: In reviewing the licensing provisions of the Civic Government (Scotland) Act 1982 it is for the independent task group to determine what consultations are required in the context of their deliberations. However, by consulting on their emerging findings, the task group will provide an opportunity for all interested parties to comment before reporting back to ministers.

Civic Government (Scotland) Act 1982

Ms Sandra White (Glasgow) (SNP): To ask the Scottish Executive what main areas are under consideration in the review of the Civic Government (Scotland) Act 1982.

Peter Peacock: Firstly, the various licensing provisions are being reviewed by the independent task group who will be consulting on its emerging findings shortly with a view to reporting to ministers later this year with any recommendations for legislative change. Secondly, the adequacy of the non-licensing provisions are the subject of on-going review within the Executive in order to determine what, if any, changes should be introduced.

Civic Government (Scotland) Act 1982

Ms Sandra White (Glasgow) (SNP): To ask the Scottish Executive what progress has been made with the review of the Civic Government (Scotland) Act 1982.

Peter Peacock: I understand that the independent task group set up to review the licensing provisions contained in the 1982 act will shortly be consulting on its emerging findings prior to reporting to ministers with their recommendations later this year. Furthermore, the non-licensing provisions are subject to on-going review within the Executive with any proposals for change being taken forward as necessary.

Civil Servants

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive, further to the answer to question S1W-24458 by Mr Andy Kerr on 23 April 2002, how effective efforts have been to (a) raise awareness within the organisation, (b) diversity proof personnel processes and (c) undertake outreach work with under represented groups.

Mr Andy Kerr: The Executive appreciates that some aspects of effectiveness are difficult to evaluate. However:

  (a) its staff survey indicates that the percentage of staff who agreed that the Scottish Executive "values its staff" increased from 38% to 49% from 2000 to 2001. There was also a 2% reduction, over the same period, in the number of individuals who felt that they had been discriminated against (from 10% to 8% of staff);

  (b) an active programme of equality proofing is currently being pursued, and

  (c) the Executive’s Outreach Project has participated in 11 career fairs and given presentations at six universities and 10 schools since December 2000. It has also held a week-long development programme for minority ethnic students and has in place a diversity placement scheme for summer 2002 which will provide six-week, paid work opportunities for around 20 minority ethnic graduates and undergraduates.

Civil Servants

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive, further to the answer to question S1W-24458 by Mr Andy Kerr on 23 April 2002, whether it will make annual reports to the Parliament about progress on the implementation of its Diversity Strategy.

Mr Andy Kerr: We report to the Parliament’s Finance Committee on a wide range of organisational issues, including progress against our diversity strategy, on an annual basis, or more frequently at its request.

Civil Servants

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive, further to the answer to question S1W-24458 by Andy Kerr on 23 April 2002, what role civil service trade unions have in implementing the Diversity Strategy.

Mr Andy Kerr: The Scottish Executive Trade Union Side have and are continuing to play a full and active part in helping to implement the Diversity Strategy. Indeed, as the Executive's Partnership Agreement intended they are represented and engaged with management on a number of working groups charged with taking the strategy forward.

Criminal Injuries Compensation Authority

Brian Fitzpatrick (Strathkelvin and Bearsden) (Lab): To ask the Scottish Executive what information it holds on (a) the number of applications received by the Criminal Injuries Compensation Authority under the 1996 Criminal Injuries Compensation Scheme from victims of criminal injuries resident in Scotland and (b) the rate of processing of such applications.

Mr Jim Wallace: The Criminal Injuries Compensation Authority classifies applications according to the location of the incident that gave rise to the claim. The following table shows the number of applications concerning incidents in Scotland received under the 1996 scheme since it began, and the number of cases resolved in the same years.

  


Year 
  

1996-97 
  

1997-98 
  

1998-99 
  

1999-2000 
  

2000-01 
  

2001-02 
  



Applications 
  

9,091 
  

9,773 
  

9,050 
  

10,813 
  

9,458 
  

8,523 
  



Cases Resolved 
  

1,708 
  

7,283 
  

9,872 
  

9,848 
  

9,020 
  

9,228

Criminal Injuries Compensation Authority

Brian Fitzpatrick (Strathkelvin and Bearsden) (Lab): To ask the Scottish Executive what information it holds on (a) the number of outstanding applications submitted in each year to the Criminal Injuries Compensation Authority under the non-statutory Criminal Injuries Compensation Scheme, which came into operation on 1 February 1990, from victims of criminal injuries resident in Scotland and (b) the rate of processing of such applications by the authority.

Mr Jim Wallace: The Criminal injuries Compensation Authority classifies application according to the location of the incident that gave rise to the claim. The following table shows applications outstanding under the 1990 non-statutory scheme that concern incidents that occurred in Scotland.

  


Year 
  

Cases Outstanding 
  



1990 
  

2 
  



1991 
  

4 
  



1992 
  

11 
  



1993 
  

11 
  



1994 
  

28 
  



1995 
  

44 
  



1996 
  

23 
  



1997 
  

0 
  



1998 
  

1 
  



1999 
  

5 
  



2000 
  

10 
  



2001 
  

11 
  



2002 
  

2 
  



Total 
  

152 
  



  (a) Of the 152 cases outstanding, 123 are applications that were received on or before 31 March 1996 when the 1990 scheme closed to new applications. The 29 applications received since 1998 relate to cases that had been finalised previously but which are the subject of applications to re-open them because of subsequent deterioration in the medical condition caused by the criminal injury.

  Almost all of the cases outstanding are due to be finalised by oral hearing or related procedures. There are a further 13 cases outstanding from earlier non-statutory schemes.

  (b) The following table shows the annual rate at which non-statutory scheme cases were resolved by oral hearings and related procedures since 1996-97.

  





Resolutions 
  



Year 
  

Total GB 
  

Scotland 
  



1996-97 
  

11,829 
  

1,301 
  



1997-98 
  

9,718 
  

1,282 
  



1998-99 
  

8,305 
  

1,236 
  



1999-2000 
  

6,352 
  

971 
  



2000-01 
  

2,812 
  

251 
  



2001-02 
  

1,889 
  

210 
  



  The total number of non-statutory scheme cases resolved in these years was larger as it included those which were resolved without referral to an oral hearing. However, no separate statistics are available for such cases that involved incidents in Scotland. Few of the cases now outstanding will be resolved without a hearing.

Criminal Injuries Compensation Authority

Brian Fitzpatrick (Strathkelvin and Bearsden) (Lab): To ask the Scottish Executive what information it holds on the number of hearings adjourned since 1 January 2002 of applications for criminal injuries compensation in respect of victims of criminal injuries resident in Scotland under (a) the non-statutory Criminal Injuries Compensation Scheme, which came into operation on 1 February 1990 and (b) the 1996 Criminal Injuries Compensation Scheme.

Mr Jim Wallace: The number of adjournments of hearings of non-statutory scheme cases concerning incidents in Scotland between 1 January and 28 April 2002 was 36, of which six cases have since been finalised. In relation to 1996 scheme cases concerning incidents in Scotland between 1 January and 31 March 2002, 136 cases were adjourned before the hearing and four adjourned at the hearing.

Enterprise

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive, further to the answer to question S1W-24446 by Wendy Alexander on 16 April 2002, what particular aspect of sex discrimination legislation would specifically be contravened by targeting the microcredit programme exclusively at women.

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive, further to the answer to question S1W-24446 by Wendy Alexander on 16 April 2002 and with regard to its news release SE0645/2000 of 8 March 2000, why the microcredit programme is no longer targeted solely at women given that there have been no substantive changes to sex discrimination legislation in respect of this issue since the programme was announced.

Iain Gray: The original announcement was predicated on the programme being operated by Wellpark Enterprise Centre, in collaboration with Scottish Enterprise. Under the Sex Discrimination Act 1975, Wellpark Enterprise Centre would have been covered by an exception under section 34 of the act allowing the organisation to operate a scheme of this nature. Given the difficulties faced by Wellpark, the programme is now being operated directly by Scottish Enterprise. As a public body set up by enactment, Scottish Enterprise would not be able to deliver the programme exclusively targeted at women, as this would be unlawful under section 29 of the act.

Housing

Mr Keith Harding (Mid Scotland and Fife) (Con): To ask the Scottish Executive whether it intends to reintroduce the ring-fencing of local authority capital funds for non-housing revenue account spending on housing grants, in the light of the statement in paragraph 69.5.1 of Issues in Improving Quality in Private Housing , the first report of the Housing Improvement Task Force, that "expenditure on improvement and repair grants has fallen by 40% in the past five years".

Ms Margaret Curran: The Scottish Executive has no plans at present to re-introduce a "ring-fence" for local authority non-housing revenue account expenditure on housing grants. We will, however, consider carefully any recommendations that the task force choose to make on this matter.

Housing

Mr Keith Harding (Mid Scotland and Fife) (Con): To ask the Scottish Executive whether it intends to make any additional funds available to local authority non-housing revenue account housing expenditure in the light of Issues in Improving Quality in Private Housing , the first report of the Housing Improvement Task Force.

Ms Margaret Curran: In announcing the publication of the Housing Improvement Task Force’s first report, I also announced an additional £10 million as an initial allocation of resources for the implementation of its recommendations. We will make final decisions on the way these resources are used and any additional resources that may be needed in the light of the task force’s recommendations and the outcome of the spending review.

Housing

Mr Keith Harding (Mid Scotland and Fife) (Con): To ask the Scottish Executive whether it intends to encourage a growth in the private rented sector to create a wider availability of property in this sector and encourage market forces to ensure that rental price better reflects the quality, rather than simply the scarcity, of each property, in the light of Issues in Improving Quality in Private Housing , the first report of the Housing Improvement Task Force.

Ms Margaret Curran: The remit of the Housing Improvement Task Force does not extend to issues of increasing supply; it is looking at the quality of the existing stock in the private rented sector. However, we are of the view that a strong private rented sector is important in providing choice and flexibility in the housing market and we will expect the task force to pay particular attention to the impact that any of its recommendations aimed at improving quality may have on the supply of privately rented housing.

Housing

Mr Keith Harding (Mid Scotland and Fife) (Con): To ask the Scottish Executive whether it intends to remove the remaining rent controls on private sector landlords, in the light of the conclusion in Issues in Improving Quality in Private Housing , the first report of the Housing Improvement Task Force, that "the remaining rent controls in the regulated (private rented) sector may be acting as a significant disincentive to investment by landlords to improve conditions in the sector".

Ms Margaret Curran: There are no plans at present to remove remaining rent controls on houses let by private sector landlords. However, we will consider any recommendations that the task force may make on this issue.

Housing

Mr Keith Harding (Mid Scotland and Fife) (Con): To ask the Scottish Executive whether it intends to review the size threshold stipulated for the mandatory licensing of houses in multiple occupation (HMOs), in the light of Issues in Improving Quality in Private Housing , the first report of the Housing Improvement Task Force and any anecdotal evidence that the reclassification of smaller properties as HMOs is reducing the availability and number of bed spaces available in private rented property.

Ms Margaret Curran: The Scottish Executive gave a commitment at the time the licensing scheme for HMOs was introduced to conduct a review of implementation in the light of the first year of operation of the scheme. Research to support this review is currently in progress and we expect to publish the results later in the summer. We will be consulting shortly on the specific issue of exemptions from the requirement to be licensed, and whether the current range of exemptions should be extended. We will take a view on the merits of reviewing the size threshold for licensing in the light of the outcome of our review including the results of the research, the consultation and discussions with relevant organisations and individuals.

Nursery Nurses

Tommy Sheridan (Glasgow) (SSP): To ask the Scottish Executive how many nursery nurses are currently employed in each local authority area.

Cathy Jamieson: Information on the number of nursery nurses employed across the full range of children’s services is not held centrally. Information is held on the number of qualified early education and childcare workers (which includes nursery nurses) employed in pre-school education centres. This information is shown in the following table.

  Number and Full-Time Equivalent (FTE) of Qualified Childcare and Early Education Workers in Pre-School Education Centres as at September 1999: Shown by Local Authority Area.

  





Number of Qualified Childcare and Early 
  Education Workers 
  

Qualified Childcare and Early Education 
  Workers FTE 
  



Scotland 
  

5,128 
  

4,186 
  



Aberdeen City 
  

249 
  

188.7 
  



Aberdeenshire 
  

174 
  

127.9 
  



Angus 
  

92 
  

72.9 
  



Argyll and Bute 
  

84 
  

53.0 
  



Clackmannanshire 
  

60 
  

54.3 
  



Dumfries and Galloway 
  

94 
  

68.1 
  



Dundee City 
  

195 
  

167.5 
  



East Ayrshire 
  

87 
  

78.8 
  



East Dunbartonshire 
  

124 
  

89.1 
  



East Lothian 
  

66 
  

55.3 
  



East Renfrewshire 
  

100 
  

90.1 
  



Edinburgh, City of 
  

461 
  

380.3 
  



Eilean Siar 
  

37 
  

22.5 
  



Falkirk 
  

108 
  

94.9 
  



Fife 
  

286 
  

245.6 
  



Glasgow City 
  

731 
  

644.5 
  



Highland 
  

212 
  

135.6 
  



Inverclyde 
  

153 
  

118.5 
  



Midlothian 
  

78 
  

62.7 
  



Moray 
  

89 
  

61.8 
  



North Ayrshire 
  

126 
  

98.5 
  



North Lanarkshire 
  

333 
  

299.1 
  



Orkney Islands 
  

12 
  

7.5 
  



Perth and Kinross 
  

130 
  

101.4 
  



Renfrewshire 
  

241 
  

201.2 
  



Scottish Borders 
  

102 
  

73.3 
  



Shetland Islands 
  

27 
  

15.1 
  



South Ayrshire 
  

92 
  

79.3 
  



South Lanarkshire 
  

279 
  

236.1 
  



Stirling 
  

80 
  

66.2 
  



West Dunbartonshire 
  

125 
  

105.8 
  



West Lothian 
  

101 
  

90.6

Nursery Nurses

Tommy Sheridan (Glasgow) (SSP): To ask the Scottish Executive how salary increases are determined for nursery nurses.

Cathy Jamieson: The pay and conditions of nursery nurses are the responsibility of their employers, whether these are local authorities or operators in the private and voluntary sectors.

Nursery Nurses

Tommy Sheridan (Glasgow) (SSP): To ask the Scottish Executive what stage the response to the nursery nurses’ pay claim has reached.

Cathy Jamieson: UNISON submitted a pay claim on behalf of nursery nurses to all local authorities in February 2002. This claim is now being considered by local authorities.

Planning

Alex Johnstone (North-East Scotland) (Con): To ask the Scottish Executive what action it plans to take to tackle urban expansion at the east end of the Dundee City Council boundary.

Ms Margaret Curran: It is for the planning authority to formulate the development plan for its area within the context of national planning policy guidelines set down by the Scottish Executive. As an updated structure plan for Dundee and Angus has recently been submitted to the Scottish ministers for consideration, it would be inappropriate for me to comment at this stage on any proposals relating to urban expansion towards the east of Dundee. However, if the Scottish ministers consider that modifications should be made to the plan as submitted, they will advertise their proposed modifications and provide an opportunity for interested parties to make further representations.

Planning

Alex Johnstone (North-East Scotland) (Con): To ask the Scottish Executive what action it is taking, or plans to take, against land speculators who submit planning applications for greenfield sites that are contrary to existing zoned development plans.

Ms Margaret Curran: None. The determination of planning applications is a matter for the planning authorities in the first instance. Decisions on planning applications are required to be made in accordance with the development plan unless material considerations indicate otherwise.

Planning

Alex Johnstone (North-East Scotland) (Con): To ask the Scottish Executive what national planning regulations there are for the provision of education in relation to new housing developments in urban areas.

Ms Margaret Curran: There are no legislative provisions which specifically require educational facilities to be included as part of new housing developments. However, National Planning Policy Guideline (NPPG) 3: Land for Housing notes that when assessing the requirement for housing land, planning authorities will be guided by a number of considerations relevant to local circumstances such as the availability of community needs, including schools. NPPG 3 is currently being reviewed.

  Under section 75 of the Town and Country Planning (Scotland) Act 1997 a developer may enter into an agreement with a planning authority to provide infrastructure necessitated by his proposed development. Such infrastructure may include educational facilities.

Planning

Alex Johnstone (North-East Scotland) (Con): To ask the Scottish Executive how it plans to maintain the integrity of local authority structure plans with regard to development in local authority areas.

Ms Margaret Curran: Where a planning authority wishes to grant planning permission for a development which constitutes a significant departure from the structure plan, it must first notify the application to the Scottish ministers. This gives ministers an opportunity to consider whether there are issues involved which would merit call-in of the planning application for their determination.

Rail Network

Bill Butler (Glasgow Anniesland) (Lab): To ask the Scottish Executive what benefits would result from the construction and completion of a rail link to Glasgow Airport, with particular regard to the economy of (a) Glasgow and (b) the west of Scotland.

Lewis Macdonald: Our current study will include detailed assessments of the local and national economic benefits generated by the link to the airport. These assessments will be carried out once the consultants have identified the preferred route options, later this year.

Skye Bridge

Brian Adam (North-East Scotland) (SNP): To ask the Scottish Executive whether it has investigated the costs of buying the Skye Bridge; if so, how much the bridge would cost and whether this would represent best value for money.

Lewis Macdonald: The Skye Bridge is already owned by the Scottish ministers.

Suicide

Mr Kenneth Gibson (Glasgow) (SNP): To ask the Scottish Executive how many suicides there were by (a) males and (b) females aged over 35 years in each year from 1991 to 2001.

Dr Richard Simpson: The information requested is given in the following table.

  Suicides, Aged 35 and Over, Scotland1

  





1991 
  

1992 
  

1993 
  

1994 
  

1995 
  

1996 
  

1997 
  

1998 
  

1999 
  

2000 
  

20012




Male 
  

310 
  

325 
  

388 
  

356 
  

375 
  

364 
  

373 
  

382 
  

378 
  

395 
  

406 
  



Female 
  

126 
  

144 
  

154 
  

159 
  

151 
  

151 
  

144 
  

156 
  

141 
  

135 
  

165 
  



  Notes:

  1. Includes deaths from an "injury undetermined whether accidentally or purposely inflicted".

  2. Provisional.

Vaccines

Mr Lloyd Quinan (West of Scotland) (SNP): To ask the Scottish Executive, with regard to the Report of the MMR Expert Group, whether any official guidance will be issued on the administering of single vaccines and on the length of time that should elapse between each vaccine, particularly in the case of measles, mumps and rubella vaccines.

Malcolm Chisholm: As stated in the answer given to question S1W-25472 on 30 April 2002, the Executive is grateful to the MMR Expert Group for producing an excellent report, which describes the consequences of pursuing an alternative vaccination policy to MMR. It is clear that none of the alternatives provides comparable protection - for the population or individual children - against measles, mumps and rubella. Expert medical advice confirms that MMR remains the safest and most effective way to protect children from these diseases.

  The Executive has no plans to change the current immunisation programme, and, therefore, no plans to revise the relevant guidance issued in December 2000 by the Scottish Executive Health Department’s Deputy Chief Medical Officer, Chief Nursing Officer and Chief Pharmaceutical Officer.

Scottish Parliamentary Corporate Body

Holyrood Project

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Presiding Officer,  further to his answer to question S1W-23245 on 18 March 2002, whether no further amounts will be paid to Flour City Architectural Metals UK Limited and whether he will clarify what costs are "yet to be agreed", what work these costs relate to, whether these works are those referred to in the answers, namely those "mainly comprised detailing of interfaces between complex cladding elements", and who will be liable for these costs.

Sir David Steel: No further amounts will be paid to Flour City Architectural Metals UK Limited. The Convener of the Holyrood Progress Group has confirmed that, with the exception of one, all trade packages to replace the work contracted to Flour City Architectural Metals UK Ltd have been let. The Scottish Parliamentary Corporate Body will be liable for the cost of the works.